Advisory Opinion No. 96-95

Re: Norman J. Pattarozzi


The petitioner, Portsmouth Town Councilor, requests an advisory opinion as to whether he may participate in matters concerning the Town's computerization project given that the Town has a computerization contract with a person that the petitioner's employer had also contracted with on a different project.


The Code of Ethics does not prohibit the petitioner, Portsmouth Town Councilor, from participating in the Town's computerization effort. This finding is based on the petitioner's lack of current relationship with the vendor overseeing the computer project, Wintek, or its subcontractors, one of which had been employed with the petitioner's employer. Since the petitioner and the subcontractor do not have a current business relationship, a substantial conflict with the petitioner's duties in the public interest such that he believes or expects a business associate or business by which he is employed will derive a direct monetary gain or suffer a direct monetary loss by reason of his official activity is not present under these circumstances. We caution and advise the petitioner that this advisory is solely limited to the current situation and makes no analysis or judgment as to any conduct before the date of this request. Additionally, in the event that his independence of judgment may be impaired or that he is induced to disclose confidential information acquired in the course of and by reason of his official duties, the petitioner should recuse himself in accordance with Section 6 of the Code.

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business associate